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[ G.R. No. 136997. February 22, 1999]

ISAGANI A. GORRE vs. VICENTE S. PARAGAS.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 22, 1999.

G.R. No. 136967 (Isagani A. Gorre vs. Vicente S. Paragas, in his capacity as Officer-in-Charge, Regional Executive Director of the Department of Environment and Natural Resources [DENR], Region 10.)

The motion of petitioner for an extension of thirty (30) days from December 24, 1998 within which to file petition for review on certiorari is DENIED for failure to timely pay in full the docket and other legal fees and to submit an affidavit of service of copies of the motion on respondent and on the Court of Appeals, as well as the registry receipts as proof of service by registered mail of a copy of the motion on respondent pursuant to Section 13, Rule 13, Sections 3 and 5, Rule 45, Section 5(d), Rule 56 and Section 3, Rule 45 in relation to Section 5(c), rule 56 of the 1997 Rules of Civil Procedure as amended.

In accordance with Rule 45 in relation to Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure governing appeals by certiorari to the Supreme Court, only petitions which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court RESOLVES to DENY the petition for review on certiorari for:

(a)������� failure to timely pay in full the amount of P320.00 as balance of the deposit for costs in accordance with Section 3, Rule 45 in relation to Section 5(c), Rule 56; and

(b)������� failure to submit a certification, duly executed by petitioner himself, that no other action or proceeding involving the same issues raised in this case has been filed or is pending before this Court, the Court of Appeals, or in the different divisions thereof, or any other tribunal or agency, with the undertaking to inform the Court of any similar case filed or pending in any court or quasi-judicial agency that may thereafter come to his knowledge, in accordance with Section 5, Rule 7, Section 4(e), Rule 45 and Section 2, Rule 42 in relation to Section 5(d), Rule 56.

Petitioner is informed that he may CLAIM from the Collecting and Disbursing Officer of this Court the amount of P80.00 as excess payment of the prescribed legal fees under O.R. No. 10242188 dated January 25, 1999.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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